184 A. 169 EMMA E. WOODARD LAMB v. UNITED STATES FIRE INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided March 3, 1936. Motive for an unlawful act may be shown by evidence indicating hostility toward the person injured thereby, though such evidence relates to a time subsequent to the wrong. The mere fact that […]
Category: New Hampshire Court Opinions
STATE v. PAULSEN, 143 N.H. 447 (1999)
726 A.2d 902 THE STATE OF NEW HAMPSHIRE v. DAVID PAULSEN No. 95-397Supreme Court of New Hampshire Rockingham Decided March 18, 1999 1.Indictment and Information — Joinder — Duplicity Duplicitous indictments are unconstitutional because they fail to ensure notice to defendant, protect against double jeopardy, and assure reliability of a unanimous jury verdict. 2. Indictment […]
STATE v. MARCOUX, 101 N.H. 294 (1958)
140 A.2d 575 STATE v. ROBERT R. MARCOUX. No. 4648.Supreme Court of New Hampshire Nashua Municipal Court.Submitted April 1, 1958. Decided April 24, 1958. 1. While on the theory of agency a declaration made by a conspirator in furtherance of a conspiracy and prior to its termination may be used against the other conspirator, no […]
ARCHER v. DOW, 126 N.H. 24 (1985)
489 A.2d 574 IDA E. ARCHER v. PHYLLIS M. DOW No. 83-491Supreme Court of New Hampshire Grafton Decided February 6, 1985 1. Appeal and Error — Findings — Master’s Findings Master’s findings will be upheld on appeal if they can reasonably be made based upon all the evidence. 2. Deeds and Conveyances — Confidential Relationship […]
STATE v. POULICAKOS, 131 N.H. 709 (1989)
559 A.2d 1341 THE STATE OF NEW HAMPSHIRE v. JAMES P. POULICAKOS No. 89-037Supreme Court of New Hampshire Hillsborough Decided June 13, 1989 1. Bail and Recognizance — Pretrial Detention — Hearing At pretrial detention hearing, the government may proceed by offer of proof; if the defendant raises questions about the accuracy of the State’s […]
IN RE PROPOSED RULES OF CIVIL PROCEDURE, 139 N.H. 512 (1995)
659 A.2d 420 In re THE PROPOSED NEW HAMPSHIRE RULES OF CIVIL PROCEDURE (Petition of the New Hampshire Bar Association) No. R-94-001Supreme Court of New Hampshire Original Decided May 23, 1995 1. Courts — Court Rules and Procedure — Power to Regulate Procedure The proponents of proposed Rules of Civil Procedure bear a significant burden; […]
MEDBURY v. GARAGE, 91 N.H. 406 (1941)
20 A.2d 646 GEORGE C. MEDBURY v. MERRIMACK STREET GARAGE. No. 3249.Supreme Court of New Hampshire Hillsborough. Decided June 3, 1941 A slight roughness of the concrete floor of a garage does not by itself tend to show negligent maintenance, although one’s foot may be caught by it and cause a fall. CASE, for negligence […]
APPEAL OF PETERSON, 126 N.H. 605 (1985)
495 A.2d 1266 APPEAL OF KENNETH PETERSON (New Hampshire Department of Employment Security) No. 84-138Supreme Court of New Hampshire Department of Employment Security Decided June 17, 1985 1. Unemployment Compensation — Eligibility — Resignation An employee is not entitled to unemployment compensation benefits after a resignation for personal reasons. 2. Unemployment Compensation — Eligibility — […]
FORTIER v. BARRETT, 121 N.H. 35 (1981)
424 A.2d 1145 ROBERT W. FORTIER a. v. RONALD A. BARRETT a. No. 80-236Supreme Court of New Hampshire Hillsborough Decided January 28, 1981 1. Appeal and Error — Findings — Implied Findings In absence of transcript of trial court proceedings, supreme court is confined to the record before it; however, it may imply findings which […]
QUIRK v. TOWN OF NEW BOSTON, 140 N.H. 124 (1995)
663 A.2d 1328 THOMAS v. QUIRK d/b/a FRIENDLY BEAVER CAMPGROUND v. TOWN OF NEW BOSTON No. 94-100Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 14, 1995 1. Constitutional Law — New Hampshire Constitution — Generally Where, in the proceedings before the trial court, the plaintiff relied solely on the State Constitution, the supreme […]
STATE v. LITTLE, 138 N.H. 657 (1994)
645 A.2d 665 THE STATE OF NEW HAMPSHIRE v. PAUL LITTLE No. 93-412Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 14, 1994 1. Criminal Law — Prosecutorial Conduct — Generally Whether prosecutor failed to honor terms of plea agreement was a mixed question of law and fact, since certain nonverbal aspects of prosecutor’s […]
SPENCER v. COMPANY, 78 N.H. 468 (1917)
101 A. 528 CHARLES P. SPENCER v. CONNECTICUT RIVER POWER COMPANY. Supreme Court of New Hampshire Cheshire. Decided June 30, 1917. Under the mill act (P.S., c. 142, s. 12) a petition for the assessment of flowage damages may be maintained by one whose title to the land flowed was acquired subsequent to its flowage, […]
ISABELLE v. COMPANY, 93 N.H. 189 (1944)
37 A.2d 367 VIRGINIA ISABELLE v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. WILLIAM ISABELLE v. SAME. No. 3475.Supreme Court of New Hampshire Hillsborough. Decided May 2, 1944. Whether a pedestrian, overtaken and run down by a bus from which she had previously alighted, should have looked for it sooner than she did or taken other […]
STATE v. ALDRICH, 124 N.H. 43 (1983)
466 A.2d 938 THE STATE OF NEW HAMPSHIRE v. WAYNE ALDRICH No. 82-211Supreme Court of New Hampshire Merrimack Decided October 5, 1983 1. Statutes — Construction and Application — Penal Statutes The supreme court does not read the statute setting forth the general requirements of culpability as vesting prosecutors with unfettered discretion to charge any […]
ROSAN v. RAUDONIS, 87 N.H. 29 (1934)
173 A. 379 HELEN ROSAN v. FALASKA RAUDONIS. Supreme Court of New Hampshire Hillsborough. Decided June 5, 1934. In an action against the owner of a tenement house for injuries received from falling down a cellarway, the admission of evidence of two similar mishaps occurring nine and thirteen years prior to the instant case and […]
CNA INS. CO. v. HARTFORD INS. CO., 129 N.H. 243 (1987)
525 A.2d 722 CNA INSURANCE COMPANY v. HARTFORD INSURANCE COMPANY a. No. 85-523Supreme Court of New Hampshire Hillsborough Decided April 3, 1987 Insurance — Coverage — Determination In a declaratory judgment action to determine priority of coverage under three insurance policies issued to an employer, where administratrix of deceased employee filed wrongful death action, order […]
PIECHUCK v. MAGUSIAK, 82 N.H. 429 (1926)
135 A. 534 HELENA PIECHUCK v. WALTER MAGUSIAK. Supreme Court of New Hampshire Rockingham. Decided December 7, 1926. Whether a defendant is or is not insured against the liability charged is ordinarily inadmissible, and all reference to the subject should be excluded. The admission of evidence which is wholly immaterial and prejudicial is reversible error […]
STATE v. TAYLOR, 118 N.H. 855 (1978)
395 A.2d 505 THE STATE OF NEW HAMPSHIRE v. ROGER TAYLOR No. 7987Supreme Court of New Hampshire Carroll Decided December 20, 1978 1. Evidence — Bloodhound Evidence — Admissibility Bloodhound evidence is admissible if a proper foundation has been laid, consisting of testimony that the dogs are pureblood and of a stock characterized by acuteness […]
KLINEINTIE v. COMPANY, 74 N.H. 276 (1907)
67 A. 573 KLINEINTIE v. NASHUA MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided June 4, 1907. Where a servant seeks to recover for injuries resulting from an unsuitable condition of the premises due to ordinary wear or to the negligence of fellow-servants, it is incumbent upon him to prove his own ignorance of […]
STATE v. SILVA, 158 N.H. 96 (2008)
THE STATE OF NEW HAMPSHIRE v. DANTE SILVA. No. 2007-536.Supreme Court of New Hampshire. Rockingham.Argued: June 18, 2008. Opinion Issued: November 20, 2008. 1. Food and Drugs — Controlled Substances — Particular Crimes In a prosecution for dispensing a controlled drug with death resulting, a rational juror could have concluded that the defendant and the […]
HUDON v. CITY OF MANCHESTER, 141 N.H. 420 (1996)
686 A.2d 306 JOANNE T. HUDON a. v. CITY OF MANCHESTER No. 95-359Supreme Court of New Hampshire Hillsborough-northern judicial district Decided November 13, 1996 1. Appeal and Error — Motion for Reconsideration — Particular Cases Where plaintiffs’ counsel “agreed” during the hearing that plaintiff’s claims could be dismissed and where no contemporaneous objections were made, […]
WELDY v. TOWN OF KINGSTON, 128 N.H. 325 (1986)
514 A.2d 1257 NORMAN E. WELDY, JR., ADMINISTRATOR OF THE ESTATE OF NANCY WELDY v. TOWN OF KINGSTON DENISE GERRY b/m/n/f ROBERTA McCARTHY v. TOWN OF KINGSTON No. 85-275 No. 85-277Supreme Court of New Hampshire Rockingham Decided July 17, 1986 1. Verdict — Directed Verdict — Review Standard of review of a trial court’s denial […]
STATE v. WOOD, 98 N.H. 418 (1953)
101 A.2d 774 STATE v. ROGER S. WOOD. No. 4260.Supreme Court of New Hampshire Municipal Court of Dover.Argued December 2, 1953. Decided December 31, 1953. A license to operate a motor vehicle on the highways of this state is not a right but a mere privilege which if accepted is subject to the conditions upon […]
LITTLEFIELD v. INSURANCE CO., 86 N.H. 87 (1932)
163 A. 420 GUY M. LITTLEFIELD v. PHOENIX INDEMNITY INSURANCE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided December 6, 1932. A provision in a liability policy that “no automobile . . . will be used for towing . . . any trailer” merely forbids the use of a car as motive power for a […]
BROWN v. BARNARD, 91 N.H. 58 (1940)
13 A.2d 470 EVELYN L. BROWN, Adm’x v. WILLIAM BARNARD a. No. 3141.Supreme Court of New Hampshire Merrimack. Decided May 7, 1940. In an action for negligence, a declaration is not sufficient which gives the defendant no specific information as to the nature of the breach of duty claimed. In such case a motion for […]
SARTWELL v. MACK, 70 N.H. 636 (1900)
49 A. 571 SARTWELL a. v. MACK. Supreme Court of New Hampshire Coos. Decided December, 1900. ASSUMPSIT, to recover $155.39 for goods sold and delivered. Facts found by a referee. The defendant sought to recoup damages resulting from the inferior quality of goods sold to him by the plaintiffs at an earlier date. The damages […]
RAILROAD v. CHAMBERLAIN, 67 N.H. 594 (1892)
38 A. 271 BOSTON MAINE RAILROAD v. CHAMBERLAIN. Supreme Court of New Hampshire Carroll. Decided June, 1892. BLODGETT, J. No question of law is presented by the case. Whether the plaintiffs are entitled to recover the additional charge of $26.34, by reason of the corn “having been taken from the car, ground into meal, and […]
STATE v. McGLONE, 96 N.H. 448 (1951)
78 A.2d 528 STATE v. GEORGE McGLONE. No. 3999Supreme Court of New Hampshire Strafford Decided February 6, 1951 Laws 1949, c. 170, which extends the expiration date of licenses to operate motor vehicles until the operator’s next birthday has application only to licenses issued in this State and does not validate licenses issued in other […]
COSTORAS v. NOEL, 101 N.H. 71 (1957)
133 A.2d 495 HARRY COSTORAS v. HAROLD B. NOEL. No. 4558.Supreme Court of New Hampshire Strafford.Argued March 5, 1957. Decided June 20, 1957. 1. Where an action for wrongful death has abated because the executor failed to appear and assume the prosecution of the action before the end of the second term after the decease […]
TRINLEY v. GOLTER, 93 N.H. 268 (1945)
41 A.2d 243 JACOB TRINLEY SONS v. JOHN R. GOLTER a. No. 3491.Supreme Court of New Hampshire Rockingham. Decided February 6, 1945. Where one with full knowledge of facts constituting a defense to his note secures an extension thereof on the faith of his promise to pay it upon a new maturing date, he ratifies […]
FABICH v. FABICH, 144 N.H. 577 (1999)
744 A.2d 615 KIMBERLY M. FABICH v. ROBERT A. FABICH, SR. No. 98-383Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 30, 1999 1. Divorce — Division of Property — Types of Property Interests To extent that a disability pension compensates recipient for lost earning capacity and suffering caused by disability, it is the […]
STATE v. GEORGE, 93 N.H. 408 (1945)
43 A.2d 256 STATE v. ALLEN FREEMAN GEORGE. No. 3530.Supreme Court of New Hampshire Grafton. Decided June 28, 1945. A verdict of guilty of murder in the first degree was amply supported upon all the evidence beyond a reasonable doubt and the defense of the respondent that death was suicidal could not be found as […]
AMERICAN FIDELITY CO. v. BARNARD, 104 N.H. 146 (1962)
181 A.2d 628, 182 A.2d 471 AMERICAN FIDELITY COMPANY, Ap’t v. CHARLES H. BARNARD, Trustee a., Ap’ees. AMERICAN FIDELITY COMPANY, Ap’t v. CHARLES H. BARNARD, Executor a., Ap’ees. HARTFORD ACCIDENT INDEMNITY COMPANY, Ap’t v. CHARLES H. BARNARD, Conservator, Ap’ee. No. 5004.Supreme Court of New Hampshire Hillsborough.Argued March 6, 1962. Decided June 5, 1962. 1. A […]
CLARK v. CLEMENT, 71 N.H. 5 (1901)
51 A. 256 CLARK v. CLEMENT a. Supreme Court of New Hampshire Hillsborough. Decided June 5, 1901. An agreement for separation between husband and wife conclusively establishes the fact that the husband did not at the time of the agreement willingly abandon his wife, within the meaning of section, chapter 195, of the Public Statutes. […]
HALLEY v. BROWN, 92 N.H. 1 (1942)
24 A.2d 267 HELEN L. HALLEY v. CLARA J. BROWN. No. 3281.Supreme Court of New Hampshire Rockingham. Decided January 6, 1942. Contributory negligence is not established as a matter of law where the plaintiff took some care for her own safety; but the question is for the jury whether she did all that the average […]
PETERS v. DICKINSON, 67 N.H. 389 (1892)
32 A. 154 PETERS v. DICKINSON, Adm’x. Supreme Court of New Hampshire Cheshire. Decided December, 1892. Part payment of the purchase-money alone is not such part performance of a verbal agreement to convey land as is required to take the case out of the statute of frauds. BILL IN EQUITY, by a creditor of William […]
TOWN OF WINDHAM v. LAWRENCE SAVINGS BANK, 146 N.H. 517 (2001)
776 A.2d 730 TOWN OF WINDHAM v. LAWRENCE SAVINGS BANK No. 98-475Supreme Court of New Hampshire Rockingham Decided June 22, 2001 1. Condominiums — Condominium Act of New Hampshire —Construction Condominium Act does not provide an alternative procedure for subdivision approval; legislature fully intended that like any other developer, a condominium developer is expected to […]
ALEXANDER v. BLACKSTONE REALTY ASSOCS., 141 N.H. 366 (1996)
684 A.2d 60 LISA T. ALEXANDER a. v. BLACKSTONE REALTY ASSOCIATES a. No. 94-710Supreme Court of New Hampshire Hillsborough-southern judicial district Decided October 24, 1996 1. Contracts — Construction — Ambiguity Although the defendants may have made contrary or inconsistent representations when the plaintiffs purchased their condominium units, these representations do not create an ambiguity […]
MILLER v. BOSTON MAINE RAILROAD, 75 N.H. 603 (1910)
75 A. 876 MILLER v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided February 1, 1910. CASE, for personal injuries sustained by the plaintiff while walking on the defendants’ right of way and alleged to have been caused by the negligence of their servants. Trial by jury and verdict for the plaintiff. Transferred […]
MARITIME PACKERS v. CARPENTER, 99 N.H. 73 (1954)
105 A.2d 38 MARITIME PACKERS, LTD. a. v. RALPH G. CARPENTER, a. No. 4283.Supreme Court of New Hampshire Strafford.Argued March 5, 1954. Decided May 19, 1954. The effect of legislation (Laws 1951, c. 231, s. 1) reenacting a provision that lobster meat secured from outside the jurisdiction shall be subject to certain minimum length requirements […]
BOUCHARD v. CITY OF ROCHESTER, 119 N.H. 799 (1979)
409 A.2d 772 ROGER A. BOUCHARD v. CITY OF ROCHESTER AND GEORGE C. NADEAU, COMMISSIONER No. 78-295Supreme Court of New Hampshire Public Employees Labor Relations Board Decided November 14, 1979 1. Administrative Law — Judicial Review — Procedure In reviewing decisions of administrative agencies, Supreme Court must consider both the facts found and the application […]
PAUL v. LINSCOTT, 56 N.H. 347 (1876)
PAUL v. LINSCOTT. Supreme Court of New Hampshire FROM CARROLL CIRCUIT COURT. Decided March 20, 1876. Sale of non-resident land for taxes. The grant of a county tax must be proved by the record of the doings of the county convention. After the record of the invoice of non-resident taxes, required by General Statutes, ch. […]
BLEVENS v. MANCHESTER, 103 N.H. 284 (1961)
170 A.2d 121 CLARENCE G. BLEVENS a. v. MANCHESTER. No. 4870.Supreme Court of New Hampshire Hillsborough.Argued March 7, 1961. Decided April 28, 1961. 1. Legislation authorizing municipalities to enact ordinances regulating the subdivision of land to promote the orderly and planned growth of relatively undeveloped areas within the municipality is a proper exercise of the […]
HORNE v. HANSON, 68 N.H. 201 (1894)
44 A. 292 HORNE v. HANSON a. Supreme Court of New Hampshire Carroll. Decided December, 1894. When a mortgagor has so commingled the mortgaged property with goods of like quality and value belonging to a third person that identification and separation are impossible, the mortgagee may take under foreclosure proceedings his aliquot part from the […]
STATE v. RIX, 150 N.H. 131 (2003)
834 A.2d 273 THE STATE OF NEW HAMPSHIRE v. MICHAEL D. RIX. No. 2003-006.Supreme Court of New Hampshire StraffordArgued: September 17, 2003. Opinion Issued: October 10, 2003. 1. Criminal Law — Habitual Offender Statute — Construction Where defendant pleaded guilty to driving a motor vehicle in violation of the habitual offender statute, the trial court […]
ADDEN v. RAILROAD, 55 N.H. 413 (1875)
ADDEN v. WHITE MTS. N.H. RAILROAD. Supreme Court of New Hampshire Coos. Decided March 12, 1875. In awarding damages to the owner of land taken for a railroad, the exposure of his remaining land and buildings to fire from the company’s engines is a proper element to be considered in making the estimate. The statute, […]
STATE v. GAMESTER, 149 N.H. 475 (2003)
821 A.2d 1076 THE STATE OF NEW HAMPSHIRE v. JOSEPH TODD GAMESTER No. 2001-522Supreme Court of New Hampshire RockinghamArgued February 12, 2003 Opinion Issued May 2, 2003 1. Discovery — Disclosure of Witnesses — Generally Rule requiring the State to provide the defense with reports or statements of experts and with a list of the […]
APPEAL OF CNA INS. CO., 145 N.H. 743 (2001)
766 A.2d 278 APPEAL OF CNA INSURANCE COMPANY. No. 98-510Supreme Court of New Hampshire Compensation Appeals Board Decided January 29, 2001 1. Workers’ Compensation — Injuries or Illness Compensable — Causation Employee’s disability was causally connected to his cumulative trauma condition and was compensable, and there was no medical evidence that he ever suffered a […]
STATE v. LANG, 65 N.H. 284 (1889)
23 A. 432 STATE v. LANG. Supreme Court of New Hampshire Carroll. Decided June, 1889. Murder and manslaughter may be committed without an intent to kill. Under Gen. Laws, c. 282, s. 19, whether there may be an assault with intent to commit manslaughter without an intent to kill, query. Page 285 There may be […]
HOLT v. ANTRIM, 64 N.H. 284 (1886)
9 A. 722 HOLT a. v. ANTRIM a. Supreme Court of New Hampshire Hillsborough. Decided December, 1886. In the case of a tax for building a school-house to be leased to all academy corporation for school purposes, as in the case of turnpikes, toll-bridges, and railroads, the test of the public use is not a […]
TRAHAN v. TRAHAN, 120 N.H. 215 (1980)
412 A.2d 752 ANNA L. TRAHAN v. GEORGE TRAHAN a. No. 79-318Supreme Court of New Hampshire Rockingham Decided March 13, 1980 1. Appeal and Error — Findings — Failure To Challenge Failure to appeal from an order determining the respective interests of parties to a parcel of real property foreclosed the issue of whether a […]
SEELY v. INSURANCE CO., 73 N.H. 339 (1905)
61 A. 585 SEELY v. MANHATTAN LIFE INSURANCE CO. Supreme Court of New Hampshire Merrimack. Decided June 29, 1905. The fact that the prevailing party was permitted to make the closing argument does not furnish cause for setting aside a verdict, unless it appears that injustice resulted from the ruling. A letter written by an […]
O’BRIEN v. PUBLIC SERVICE COMPANY, 95 N.H. 79 (1948)
58 A.2d 507 MARY O’BRIEN v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 3705.Supreme Court of New Hampshire Hillsborough. Decided April 6, 1948. A plaintiff pedestrian in her attempt to cross the road to enter a bus at its regular stopping place, looking and giving care to her own safety, has the right to rely […]
STATE v. LONG, 161 N.H. 364 (2010)
12 A.3d 1289 THE STATE OF NEW HAMPSHIRE v. JENNIFER LONG. No. 2009-703.Supreme Court of New Hampshire. BelknapArgued: October 28, 2010. Opinion Issued: January 13, 2011. 1. Evidence — Generally — Rules of Evidence When interpreting a rule of evidence, a court will first look to the plain meaning of the words. Where the language […]
BENNETT v. HYMERS, 101 N.H. 483 (1958)
147 A.2d 108 WALTER BENNETT v. ALLEN W. HYMERS. STANLEY BENNETT, by his father and next friend v. SAME. No. 4691.Supreme Court of New Hampshire Cheshire.Argued November 5, 1958. Decided December 31, 1958. 1. A child born alive who suffered injuries while en ventre sa mere as the result of the negligent operation of a […]
BOCK (LUNDSTROM) v. LUNDSTROM, 133 N.H. 161 (1990)
573 A.2d 882 BARBARA BOCK (LUNDSTROM) v. JERRY LUNDSTROM No. 89-300Supreme Court of New Hampshire Hillsborough Decided May 4, 1990 1. Attorney and Client — Attorney’s Acts Binding — Generally Action taken in the conduct and disposition of civil litigation by an attorney within the scope of his authority is binding on his client. 2. […]
BANK COMMISSIONERS v. TRUST CO., 75 N.H. 107 (1908)
71 A. 377 BANK COMMISSIONERS v. SECURITY TRUST CO. Supreme Court of New Hampshire Hillsborough. Decided November 4, 1908. Depositors in the savings department of an insolvent trust company and holders of its secured debentures are entitled to share with unsecured creditors in the distribution of unpledged assets, as to so much of their claims […]
STATE v. ROY, 118 N.H. 2 (1978)
381 A.2d 1198 THE STATE OF NEW HAMPSHIRE v. CLEO R. ROY No. 7833Supreme Court of New Hampshire Hillsborough Decided January 16, 1978 Criminal Law — Plea-Bargaining — Non-Binding Pleas Where juvenile defendant, represented by counsel, waived certification hearing in district court, under agreement that he would waive indictment, plead guilty to second degree murder, […]
PERRY v. WEST, 110 N.H. 351 (1970)
266 A.2d 849 RAYMOND S. PERRY a. v. GEORGE M. WEST a. No. 6077.Supreme Court of New Hampshire Merrimack. Decided June 30, 1970. 1. Although the meaning of “cash” may vary with the context of its use, the common meaning is United States currency. 2. Where a municipal ordinance required that all bids for the […]
STATE v. GERO, 152 N.H. 379 (2005)
877 A.2d 201 THE STATE OF NEW HAMPSHIRE v. ALFRED J. GERO. No. 2004-331.Supreme Court of New Hampshire Cheshire.Argued: May 5, 2005. Opinion Issued: June 23, 2005. 1. Search and Seizure — Practice and Procedure — Disposition ofProperty A court may order that property be sold or destroyed pursuant to the statute governing disposition of […]
STATE EMPL. ASS’N v. BOARD OF TRUSTEES, 118 N.H. 466 (1978)
388 A.2d 203 STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC. v. BOARD OF TRUSTEES NEW HAMPSHIRE STATE PRISON SAME v. NEW HAMPSHIRE PUBLIC EMPLOYEE LABOR RELATIONS BOARD Nos. 7911 7912Supreme Court of New Hampshire Original Decided June 27, 1978 1. Public Employees — Public Employees Labor Relations Board — Abuse of Discretion Where board of […]
STATE v. PARIS, 137 N.H. 322 (1993)
627 A.2d 582 THE STATE OF NEW HAMPSHIRE v. LEO PARIS No. 91-310Supreme Court of New Hampshire Hillsborough Decided June 30, 1993 1. Appeal and Error — Standards of Review — Particular Cases Defendant contesting basis for felony conviction under criminal mischief statute must demonstrate that no rational trier of fact, Page 323 viewing evidence […]
MATER v. DOVER, 97 N.H. 13 (1951)
79 A.2d 844 SIMON MATER v. DOVER. No. 3978.Supreme Court of New Hampshire Strafford. Decided April 3, 1951. In an appeal from the decision of the zoning board of adjustment, the question whether the plaintiff owner of a private dwelling located in a single residence district was entitled to a variance from the terms of […]
BRAUCH v. SHAW, 121 N.H. 562 (1981)
432 A.2d 1 ERNEST AND ANGELA BRAUCH v. MADELEINE MARY SHAW No. 80-237Supreme Court of New Hampshire Grafton Decided June 26, 1981 1. Courts — Superior Court — Jurisdiction Superior court does not have jurisdiction to appoint custodian of minors, since right of custody is legal incident of guardianship, and appointment of guardians is a […]
CARRASCO v. MASON, 72 N.H. 158 (1903)
54 A. 1101 CARRASCO v. MASON a. Supreme Court of New Hampshire Carroll. Decided May 5, 1903. A judgment creditor who levies execution upon real estate mortgaged by his debtor acquires the latter’s interest therein; but he cannot maintain a writ of entry against one who subsequently became the owner of the mortgage debt by […]
SMITH v. STATE, 118 N.H. 764 (1978)
394 A.2d 834 ERNEST T. SMITH III v. THE STATE OF NEW HAMPSHIRE JAMES R. ANDERSON v. THE STATE OF NEW HAMPSHIRE Nos. 78-081 and 78-137Supreme Court of New Hampshire Merrimack Decided November 15, 1978 1. Attorney and Client — Obligation To Represent Indigents — Basis Attorneys are obligated to represent indigent persons when appointed […]
HILLIARD v. BALDWIN, 76 N.H. 142 (1911)
80 A. 139 HILLIARD v. BALDWIN a. Supreme Court of New Hampshire Coos. Decided May 2, 1911. The statute providing that persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of three years and until the decease of one of them, shall thereafter be deemed […]
CONNELL v. COMPANY, 88 N.H. 316 (1936)
188 A. 463 FREDERICK R. CONNELL v. DIAMOND T. TRUCK CO., INC. Supreme Court of New Hampshire Hillsborough. Decided December 1, 1936. The parol evidence rule excludes evidence of only those parol agreements at variance with a written contract which were made contemporaneously with or prior to the integration of the contract in writing. After […]
APPEAL OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION, 143 N.H. 358 (1999)
724 A.2d 1284 APPEAL OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION (New Hampshire Compensation Appeals Board) No. 96-355Supreme Court of New Hampshire Compensation Appeals Board February 25, 1999 1. Workers’ Compensation — Proceedings To Secure Compensation— Attorney Fees Compensation appeals board properly awarded statutory attorney’s fees to labor union that provided members with legal assistance in […]
WEEKS v. MORIN, 85 N.H. 9 (1931)
153 A. 471 FRED R. WEEKS v. THOMAS MORIN. Supreme Court of New Hampshire Belknap. Decided February 3, 1931. One asserting a title by adverse possession has the burden of showing that his occupation has been open, visible, continuous and exclusive for the statutory period. Where the owner has not actual knowledge of the claimant’s […]
ADAMS v. SPAULDING, 64 N.H. 384 (1887)
10 A. 688 ADAMS a. v. SPAULDING. Supreme Court of New Hampshire Hillsborough. Decided June, 1887. Stevens v. Chase, 61 N.H. 340, affirmed. REPLEVIN, for a silk thread cabinet case, alleged in the writ to be of the value of fifteen dollars. The plaintiffs’ evidence showed that the cabinet was worth twelve dollars. The defendant […]
BENNETT v. COMPANY, 74 N.H. 400 (1907)
68 A. 460 BENNETT v. CONCORD WOODWORKING CO. Supreme Court of New Hampshire Merrimack. Decided December 3, 1907. A master who suffers his premises to remain in a condition which he knows to be dangerous is liable for injuries resulting therefrom to a servant who has not been notified of the danger and is justifiably […]
TOWNSEND COMPANY v. NEW HAMPSHIRE AUTO CO., 104 N.H. 81 (1962)
178 A.2d 688 J. R. TOWNSEND CO. v. NEW HAMPSHIRE AUTO CO. No. 5012.Supreme Court of New Hampshire Hillsborough,Argued January 3, 1962. Decided March 6, 1962. 1. The validity and effect of a conditional sales contract for the purchase and sale of a motor vehicle executed in another state where delivery of the vehicle was […]
STATE v. HADLEY, 64 N.H. 473 (1887)
13 A. 643 STATE ex rel. Wood a. v. HADLEY a. Supreme Court of New Hampshire Hillsborough. Decided December, 1887. Selectmen cannot lawfully appoint supervisors in case of a failure to elect by the town. No vacancy thereupon occurs, because the old board continue in office until others are chosen and sworn in their stead. […]
KARCH v. BAYBANK FSB a., 147 N.H. 525 (2002)
794 A.2d 763 KAREN C. KARCH v. BAYBANK FSB a. Nos. 97-038, 97-854Supreme Court of New Hampshire Hillsborough-southern judicial districtArgued: February 9, 1999 Reargued: November 13, 2001 Opinion Issued: April 12, 2002 1. Dismissal — Practice and Procedure — Review In considering a motion to dismiss, the standard of review is whether the allegations in […]
EDGERLY v. HALE, 71 N.H. 138 (1901)
51 A. 679 EDGERLY v. HALE. Supreme Court of New Hampshire Merrimack. Decided December 3, 1901. A sheriff is entitled to the following fees: For service of a writ upon the defendant, fifty cents; for service of a writ upon the trustee in foreign attachment, fifty cents; for copies of writs, at the rate of […]
APPEAL OF HARDY, 154 N.H. 805 (2006)
APPEAL OF ALAN HARDY (New Hampshire Department of Labor). No. 2005-529.Supreme Court of New Hampshire Department of Labor.Argued: September 13, 2006. Opinion Issued: February 21, 2007. 1. Administrative Law — Hearings — Rehearing The cross-appeal by an association of a ruling of the Department of Labor that a petitioner met his initial burden of persuasion […]
STATE v. PIPER, 117 N.H. 64 (1977)
369 A.2d 199 STATE OF NEW HAMPSHIRE v. DAVID E. PIPER No. 7527Supreme Court of New Hampshire Laconia District Court Decided January 31, 1977 1. Constitutional Law — Fundamental Rights Although the legislature used language in RSA 159:15 (Supp. 1975) different from that used in RSA 159:16 (Supp. 1975), and although doubts as to the […]
BUCH v. COMPANY, 69 N.H. 257 (1897)
44 A. 809 BUCH v. AMORY MANUFACTURING CO. Supreme Court of New Hampshire Hillsborough. Decided December, 1897. If an infant suffers injury from contact with dangerous machinery, there is no presumption that he was incapable of appreciating the danger or of exercising the care necessary to avoid it. An owner is not bound to warn […]
STATE v. O’CONNELL, 131 N.H. 92 (1988)
550 A.2d 747 THE STATE OF NEW HAMPSHIRE v. ALFRED O’CONNELL No. 88-029Supreme Court of New Hampshire Rockingham Decided November 4, 1988 1. Constitutional Law — Self-Incrimination — Nature and Purpose of Right The privilege against self-incrimination extends not only to answers that in themselves would support a conviction, but also to any information sought […]
PIATECK v. SWINDELL, 84 N.H. 402 (1930)
151 A. 262 WALENTZ PIATECK v. KENNETH G. SWINDELL. Supreme Court of New Hampshire Hillsborough. Decided June 26, 1930. A person is not careless because he did not look out for dangers which he had no occasion to anticipate; there is no carelessness in encountering dangers not reasonably to be sensed and not in fact […]
BEE v. CHICOPEE MFG. CORP., 94 N.H. 478 (1947)
55 A.2d 897 NELLIE S. BEE v. CHICOPEE MFG. CORP. OF N.H. No. 3684.Supreme Court of New Hampshire Hillsborough. Decided December 2, 1947. Cancellation of a release will not be ordered as a matter of law on the ground of mutual mistake simply because the releasor, who accepted a “lump sum” settlement in lieu of […]
WENTWORTH v. SARGENT, 82 N.H. 111 (1925)
129 A. 878 ALVIN F. WENTWORTH a. v. ERNEST A. SARGENT a. Supreme Court of New Hampshire Grafton. Decided June 2, 1925. A contract for the sale of standing timber, paid for entirely by notes, providing that all timber should remain the property of the vendor until payment in full of the purchase price, and […]
BOURDON v. BOURDON, 105 N.H. 432 (1964)
201 A.2d 889 ALICE BOURDON v. ROBERT J. BOURDON. No. 5226.Supreme Court of New Hampshire Hillsborough.Argued April 9, 1964. Decided July 1, 1964. 1. The right of a divorced parent to visit his minor children is an important one and should not be denied without sufficient cause. However the right is not absolute and the […]
STATE v. MWANGI, 161 N.H. 699 (2011)
20 A.3d 940 THE STATE OF NEW HAMPSHIRE v. JOHN MWANGI. No. 2010-277.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: February 16, 2011. Opinion Issued: April 12, 2011. 1. Criminal Law — Judgment and Sentence —Pretrial Confinement Credit It is within the trial court’s discretion to allocate pretrial confinement credit. 2. Constitutional Law — Due […]
KANN v. COMPANY, 85 N.H. 41 (1931)
153 A. 823 WILLIAM L. KANN v. WAUSAU ABRASIVES COMPANY. Supreme Court of New Hampshire Merrimack. Decided March 3, 1931. As an aid to construing and applying a written contract it is permissible to show the facts surrounding the undertaking including what was said or written in the preliminary negotiations as bearing on each party’s […]
EKCO ENTERPRISES, INC. v. REMI FORTIN CONSTR., INC., 118 N.H. 37 (1978)
382 A.2d 368 EKCO ENTERPRISES, INC. v. REMI FORTIN CONSTRUCTION, INC. REMI O. FORTIN v. EKCO ENTERPRISES, INC. REMI FORTIN CONSTRUCTION, INC. v. EKCO ENTERPRISES, INC. No. 7824Supreme Court of New Hampshire Merrimack Decided January 23, 1978 1. Contracts — Modification In action relating to construction of apartment buildings in which master allowed contractor to […]
McLAUGHLIN v. UNION-LEADER, 100 N.H. 367 (1956)
127 A.2d 269 WALTER D. McLAUGHLIN v. UNION-LEADER CORPORATION. No. 4527.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1956. Decided November 29, 1956. An exception to the denial of defendant’s motion to vacate an order which denied a previous motion for a new trial was overruled where the record disclosed that the issue, relating to […]
STATE v. COLEMAN, 133 N.H. 713 (1990)
584 A.2d 755 THE STATE OF NEW HAMPSHIRE v. DANIEL COLEMAN No. 89-309Supreme Court of New Hampshire Hillsborough Decided December 28, 1990 1. Evidence — Expert Evidence — Qualification of Expert In second degree assault case, trial judge was not obligated to conduct hearing on qualifications of witness as an expert outside presence of jury; […]
OPINION OF THE JUSTICES, 81 N.H. 563 (1925)
128 A. 684 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided April 8, 1925. The justices of the supreme court cannot properly advise the legislature upon a question involved in a suit at the same time pending before the court. On April 1, 1925, the House of Representatives adopted the following resolution: WHEREAS […]
LUMBER CO. v. COMPANY, 65 N.H. 290 (1889)
21 A. 1090 CONNECTICUT RIVER LUMBER CO. a. v. OLCOTT FALLS CO. Supreme Court of New Hampshire Grafton. Decided December, 1889. The right of using a river as a highway for floating logs is measured by the capacity of the stream in its natural condition. The riparian owners may alter the channel by constructing dams […]
STATE v. SOTO, 2010-458 (N.H. 11-22-2011)
STATE OF NEW HAMPSHIRE v. MICHAEL SOTO. No. 2010-458Supreme Court of New Hampshire Hillsborough-northern judicial districtArgued: September 21, 2011 Opinion Issued: November 22, 2011 Michael A. Delaney, attorney general (Thomas E. Bocian, assistant attorney general, on the brief and orally), for the State. Getman, Schulthess Steere, P.A., of Bedford (Andrew R.Schulman and Clara E. Lyons […]
COMPANY v. SMITH, 67 N.H. 409 (1892)
29 A. 405 THOMPSON MANUFACTURING CO. v. SMITH. Supreme Court of New Hampshire Coos. Decided December, 1892. A portable engine is not a building, and even if it is placed in a building is not necessarily a part of it or an appurtenance to it, within the meaning of a statute giving a lien “for […]
PRESTON v. CUTTER, 65 N.H. 85 (1888)
18 A. 92 PRESTON v. CUTTER, Ex’r. Supreme Court of New Hampshire Hillsborough. Decided December, 1888. Upon a bill in equity against an executor to set aside conveyances made by the testator in fraud of his creditors, the plaintiff, prevailing, has execution for costs against the goods or estate of the deceased. BINGHAM, J. The […]
KINSLEY v. NORRIS, 61 N.H. 639 (1881)
KINSLEY v. NORRIS a. Supreme Court of New Hampshire Grafton. Decided June, 1881. Subject to the plaintiff’s exception, the court granted certain motions made by the defendants, and denied certain other motions Page 640 made by the plaintiff. The exceptions were overruled on the ground that they raised no question of law. ALLEN, J., did […]
MUZZY v. ROCKINGHAM COUNTY TRUST CO., 113 N.H. 520 (1973)
309 A.2d 893 MARY L. MUZZY v. ROCKINGHAM COUNTY TRUST COMPANY No. 6546Supreme Court of New Hampshire Rockingham Decided September 28, 1973 1. Standard of reviewing question whether trial court properly granted Page 521 defendant’s motion for a nonsuit is whether evidence and all reasonable inferences therefrom, construed most favorably to plaintiff, would permit jury […]
FARM BUREAU INS. CO. v. MARTIN, 97 N.H. 196 (1951)
84 A.2d 823 FARM BUREAU AUTOMOBILE INSURANCE COMPANY v. ARNOLD W. MARTIN a. No. 4056.Supreme Court of New Hampshire Merrimack. Decided December 4, 1951. Under the terms of a policy of liability insurance, as required by R.L., c. 122, s. 16, liability of the company becomes absolute upon the occurrence of an accident and the […]
TOWN OF CANAAN v. SECY OF STATE, 157 N.H. 795 (2008)
TOWN OF CANAAN a. v. SECRETARY OF STATE. No. 2008-391.Supreme Court of New Hampshire. Merrimack.Argued: October 8, 2008. Opinion Issued: October 29, 2008. 1. Constitutional Law — New Hampshire Constitution— Construction and Application To interpret the meaning of a constitutional provision, the court examines its purpose and intent; in so doing, it will give the […]
APPEAL OF THE KIWANIS CLUB OF HUDSON, 140 N.H. 92 (1995)
663 A.2d 90 APPEAL OF THE KIWANIS CLUB OF HUDSON, INC. (New Hampshire Board of Tax and Land Appeals) No. 94-018Supreme Court of New Hampshire Board of Tax and Land Appeals Decided August 4, 1995 1. Taxation — Exemptions From Taxation — Charitable Organizations The Kiwanis, by using the hall for its own fund-raising and […]
IN THE MATTER OF GILMORE, 148 N.H. 111 (2002)
803 A.2d 601 IN THE MATTER OF NANCY J. GILMORE AND WILLIAM E. GILMORE, JR. No. 2001-192Supreme Court of New Hampshire RockinghamArgued May 16, 2002 Opinion Issued July 24, 2002 1. Divorce — Child Support — Education Costs Statutory provision giving the trial court authority, when dividing the property of divorcing parties, to order a […]